Expert: Bennie719 - 10/25/2007

Question
We are not looking to have our car totaled but just a fair settlement so we could get it fixed. We were rear ended and had our car taken in to a shop. The shop estimated the damage at 2000.00+, the insurance company for the people who hit us said the damage was no more than 469.00. When I questioned the difference, and asked if I could get another estimate at a shop the insurance company preferred they have not contacted me. In addition to the damage to the rear of the car it is also now having tranmission problems that the mechanic feels is due to the accident. He just checked the transmission about 2-3 months ago and the color of the fluid was normal, however about 500 mile after the accident it was dark brown. I informed the insurance company of this too and again they have not contacted us. Accident attorneys seem to focus on medical care not care damage (we are getting medical care as both my wife and I got whip lash her's being quite severe). The Washington State Office of the Insurance Commissioner is inconsistent in its offer of help. The person I talked to on the phone thought it was out rageous. The supervisor, however, took the attitude that it is so sad to bad.

Answer
Hi Alex,
If you carry collision insurance, have your own company repair your car (less your deductible).  After repairs are complete, they will subrogate against the adverse company to recover all their expenditures plus your deductible, which they will immediately return to you upon recovery.
In order to have the transmission problems included in the claim, you will need something stronger than"the mechanic feels it's due to the accident".  You will need an experienced, certified mechanic to firmly state that it's absolutely, positively accident related.
If you don't carry collision, you must attempt to work with the adverse companies adjustor.
The mere definition of an adjustor is to adjust the claim.  That means working with the repair shop on a line by line basis and showing him where he disagrees.  For example he could say "you are charging $x for this particular part, the parts manual shows the part only costs $x." or "you are charging 2.3 hours of labor for this particular area of work and the flat rate manual(which they both have copies)
shows you are entitled to 1.8 hours".  The job of the adjustor is to work with the repair shop and adjust each item for parts or labor either up or down depending on what is specifically stated in the parts manual and the flat rate labor manual.
If you and your shop are totally unable to work with the adjustor, then you might consider filing small claims court action against the owner for the total amount of your damages, car rental coverage for the time that your car will be in the shop plus your transmission if you can get a signed and witnessed statement from a qualified mechanic stating that it was absolutely, positively caused by the accident and give you an estimate for the cost of repair.
The state of Washington allows a small claims action to be filed for up to $4,000 and does not allow an attorney in court without prior court approval.  So it will be just you and the other driver and all your documentation of the amount of loss.
If you win, the insurance company must pay you the amount of damages determined by the court plus all court costs.
I trust this information is if help, please write again if I can provide more advise.
Your feedback on my answer will be greatly appreciated.
Sincerely,
Bennie
San Francisco Bay Area 10-25-07 12:50 AM PST